How to Dismiss a Divorce Case in Wisconsin: A Step-by-Step Guide
Every once in a while, a spouse will file for divorce or legal separation and later change their mind. If you and your spouse have decided to reconcile or halt the legal process, you might be wondering: How do you properly dismiss a divorce case after it has been filed with the court?
In Wisconsin, the process depends entirely on how far along your case is and whether your spouse has formally responded. Here are the four primary ways to stop or dismiss a divorce proceeding.
1. File a Notice of Voluntary Dismissal
If you are the petitioner and you have not yet personally served your spouse—or if they have been served but failed to file a response within the required 20-day timeframe—you can file a Notice of Voluntary Dismissal.
You will file this notice directly with the court and send a copy to your spouse.
Important Note: Ensure the dismissal is filed “without prejudice.” This means you retain the right to refile the case in the future if things change. Dismissing “with prejudice” could technically bar you from ever filing for divorce against your spouse again.
2. Submit a Stipulation and Order for Dismissal
If your spouse has already entered an appearance and filed a formal response to your initial divorce petition, you cannot cancel the case unilaterally. You will need your spouse’s consent.
To do this, both parties must sign a Stipulation and Order for Dismissal and submit it to the court for a judge’s approval. Just like a voluntary dismissal, this should be done “without prejudice,” so either party can refile in the future if necessary.
3. Request a 90-Day Reconciliation Order
If you want to test the waters of reconciliation without completely throwing away your current legal progress, Wisconsin allows for a temporary pause. Couples can agree to enter a Stipulation and Order for a 90-Day Reconciliation.
- If you successfully reconcile, after 90 days, the divorce case can be officially dismissed.
- If the reconciliation fails, you can proceed with the divorce right where you left off.
- If it fails early, you can revoke the 90-day suspension at any time by notifying the court.
4. File a Formal Motion to Dismiss
If you want to dismiss the divorce but your spouse objects and wants to move forward with the dissolution, you must file a Formal Motion to Dismiss with the court and serve notice to the other side.
However, if your spouse has already filed a proper legal response within the 20-day window and wants to proceed with the divorce, the court will likely deny your motion to dismiss over their objection.
Speak with an Experienced Wisconsin Divorce Attorney
Navigating family court procedures can be complex, and a single misstep can impact your legal rights. If you have questions about how to dismiss a divorce or need guidance on Wisconsin family law, contact the experienced family lawyers at Karp & Iancu, S.C. today to schedule a 100% confidential consultation.
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